Chapter XXXIX: Section VIII: Assignment of Performing Rights

The performing right in dramatic pieces and musical compositions can only be transferred by a written assignment[727] or by entry on the register.[728] See decisions as to assignment of copyright;[729] but note that as regards performing right the assignment, even if before publication or performance, must be in writing.[730] The performing right will not pass by a mere conveyance of the copyright in a dramatic or musical work[731] unless an entry shall be made of such assignment in the register expressing the intention of the parties that such right should pass.[732] As in the case of copyright, there is no express enactment that assignment must be in writing; but it is inferred from the fact that a licence which is a smaller right cannot be given except by writing.[733] The assignment does not require to be by deed,[734] and if by written document it is valid without registration.[735] Section 22 of 5 & 6 Vict. c. 45 appears at first sight to make registration necessary in every assignment of performing right, at least if the copyright is assigned with it; but this is not so. If in the written assignment there is a specific conveyance of the performing right,[736] or if general words are used such as "all other the estate, right, title, and interest," showing that something else than the copyright was intended to be conveyed, the performing right will pass without registration.[737] Cotton, L. J., in considering this section, says:

"I incline to think that this enactment was not meant to control
the operation of deeds of assignment, but only to regulate the
effect of entries in the registry book."[738]

In fact it was passed on account of _Cumberland_ v. _Planché_,[739] which decided that the assignee of the copyright took the performing right as well.

If the view is right that the statutory performing right vests immediately on production,[740] there can be no question of assignment of common law rights.[741]

Performing rights can probably be partially assigned so as to make a grantee of provincial rights not only a licensee but an assignee, with full power to sue alone and re-assign.[742]